Terms of Service

Effective Date: April 28, 2026  |  Last Updated: April 28, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Starbird Chicken ("Company," "we," "us," or "our"). By visiting our website at starbird-chicken.rest, placing an order, creating an account, subscribing to communications, or otherwise interacting with any feature of our Site or services, you expressly agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our Site or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and that entity.

We reserve the right to update, modify, or revise these Terms at any time. Continued use of the Site following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

You must be at least thirteen (13) years of age to use this Site. If you are under the age of eighteen (18), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal information from children under thirteen (13) years of age without parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Starbird Chicken is a food service business offering a variety of chicken-based menu items, meals, beverages, and related food products. Our services include, but are not limited to:

• Online food ordering through our website at starbird-chicken.rest
• In-store dining, takeout, and curbside pickup services at our physical locations
• Delivery services, either directly or through third-party delivery partners
• Catering and bulk order services for events and gatherings
• Loyalty and rewards programs (if applicable)
• Promotional offers, coupons, and gift card services
• Customer support and communication services via phone, email, or online forms

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, pricing, and availability are subject to change without notice and may vary by location.

Certain features of our Site may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of this Site and our services, you agree to:

• Provide accurate, truthful, and complete information when placing orders, creating accounts, or communicating with us
• Use the Site and services only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations in the United States
• Respect the intellectual property rights of Starbird Chicken and third parties
• Maintain the security of your account and promptly notify us of any unauthorized access
• Pay all charges incurred through your account, including applicable taxes and fees

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Site or services:

• Fraudulent or Deceptive Conduct: Misrepresenting your identity, using false information, submitting fraudulent orders, or engaging in any deceptive practices in violation of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts through hacking, password mining, or any other means
• Malicious Software: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, Trojan horses, or other harmful code
• Scraping and Data Mining: Using automated tools, bots, scrapers, crawlers, or similar means to extract data from our Site without our express written consent
• Spam and Unsolicited Communications: Using our platform to send unsolicited commercial messages or engage in any activity that violates the CAN-SPAM Act (15 U.S.C. § 7701 et seq.)
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content without authorization
• Harassment or Abuse: Harassing, threatening, intimidating, or abusing any person, including our employees, contractors, or other users
• Illegal Activities: Using our Site or services in connection with any illegal activity, including but not limited to money laundering, fraud, or identity theft
• Circumventing Security Measures: Attempting to circumvent or disable any security features, encryption, or content-protection systems on the Site
• False Reviews or Ratings: Submitting false, misleading, or fabricated reviews, ratings, or testimonials about our products or services
• Commercial Exploitation: Reselling, sublicensing, or otherwise commercially exploiting our services without express written authorization

Violation of any of the above prohibitions may result in immediate termination of your account, denial of access to our services, and may subject you to civil and/or criminal liability under applicable law.

4. Online Orders, Payments, and Pricing

4.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the selected items. We reserve the right to accept or decline your order at our sole discretion. Your order is confirmed when you receive an email or on-screen confirmation from us. We are not liable for any errors in your order after confirmation has been issued.

All orders are subject to product availability. In the event that an item you have ordered is unavailable, we will notify you as soon as practicable and provide a full refund for the unavailable item or offer a suitable substitute at your discretion.

4.2 Pricing and Taxes

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, which will be calculated and added to your total at checkout in accordance with applicable federal, state, and local tax laws. You are responsible for paying all applicable taxes associated with your purchase.

4.3 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, and other payment methods as may be available through our Site. By providing payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) your payment information is accurate and complete; and (c) you authorize us to charge the applicable amount to your payment method.

We use industry-standard encryption and security protocols to protect your payment information. However, we are not responsible for unauthorized access to your payment information resulting from factors outside our reasonable control.

4.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you believe there is an error with your order or a quality concern, please contact us immediately at [email protected]. Refunds or replacements will be issued at our sole discretion in accordance with applicable consumer protection laws. Cancellations may be accommodated only if the order has not yet been prepared or dispatched.

5. Intellectual Property Rights

All content, materials, and features available on the Site, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, and the compilation thereof (collectively, "Content"), are the exclusive property of Starbird Chicken or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with ordering food and using our services. This license does not include:

• Any resale or commercial use of the Site or its Content
• Any collection and use of product listings, descriptions, or prices
• Any derivative use of the Site or its Content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

Any unauthorized use of our intellectual property terminates the license granted to you. If you believe that your intellectual property rights have been infringed upon through our Site, please contact us at [email protected] with a detailed description of the alleged infringement.

If you submit any feedback, suggestions, ideas, reviews, or other content ("User Content") to us through the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in any medium. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party rights.

6. Third-Party Services and Links

Our Site may contain links to third-party websites, services, or platforms, including third-party food delivery services, payment processors, and social media platforms. These links are provided for your convenience only. We have no control over the content, privacy practices, or terms of service of such third-party sites, and we expressly disclaim any responsibility for them. Your use of third-party sites is at your own risk and subject to those sites' terms and conditions.

When you use third-party delivery services to receive orders from Starbird Chicken, your interactions with such services are governed by the terms and privacy policies of those third-party providers. We are not responsible for any errors, delays, or issues arising from the use of third-party delivery platforms.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

Starbird Chicken makes no warranty regarding the quality, safety, or suitability of our food products for individuals with specific dietary needs, allergies, or medical conditions. While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our products are free from any particular allergen. Customers with food allergies or dietary restrictions should exercise caution and consult with our staff directly before ordering.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you to the extent prohibited by applicable state law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, STARBIRD CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on information obtained through the Site
• Damages resulting from unauthorized access to or alteration of your data
• Damages caused by third-party conduct or services
• Damages arising from any delay, interruption, or failure of service
• Personal injury or property damage resulting from your access to or use of our services

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO STARBIRD CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not Starbird Chicken has been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of liability for certain types of damages. In such states, our liability shall be limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of the Site or our services
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any person or entity
• Any User Content you submit, post, or transmit through the Site
• Your negligence or willful misconduct
• Any dispute between you and a third party arising from your use of our services

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall not settle any claim without our prior written consent.

10. Food Safety, Allergen Information, and Health Notices

Starbird Chicken is committed to providing safe and high-quality food products. Our kitchen facilities handle a variety of ingredients, including common allergens such as gluten, dairy, eggs, soy, nuts, and shellfish. Cross-contamination may occur during food preparation. We strongly encourage customers with known food allergies, intolerances, or dietary restrictions to:

• Review our complete allergen and nutritional information available at our locations or upon request
• Inform our staff of any allergies or dietary restrictions before placing an order
• Exercise independent judgment regarding the suitability of our products for their individual health needs

Starbird Chicken complies with all applicable food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. This notice is provided pursuant to applicable food safety disclosure requirements.

11. Privacy and Data Protection

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information. To the extent we collect personal information from California residents, we comply with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. For all users, we comply with applicable federal privacy laws enforced by the Federal Trade Commission.

By using our Site, you consent to the collection and use of your information as described in our Privacy Policy. We encourage you to review our Privacy Policy at starbird-chicken.rest.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Starbird Chicken is domiciled, without regard to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.

Subject to the Dispute Resolution section below, you consent to the exclusive personal jurisdiction of the federal and state courts located within the United States for the resolution of any dispute arising under or relating to these Terms. You waive any objection to the laying of venue of any such proceeding in such courts and any objection that such courts are an inconvenient forum.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Starbird Chicken at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to resolve your concern within thirty (30) calendar days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may pursue formal resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, any and all disputes, controversies, or claims arising out of or relating to these Terms, the breach thereof, or your use of our Site and services shall be resolved by binding arbitration administered by a recognized arbitration body such as the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on all parties.

The arbitrator may award the same damages and relief that a court could award, including injunctive relief and statutory damages, but shall not award punitive damages except where expressly authorized by statute. The arbitrator's award shall be in writing and shall include a reasoned explanation of the decision.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND STARBIRD CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute by arbitration. Nothing in this section shall limit either party's right to pursue claims in small claims court for disputes that fall within the jurisdictional limits of such courts.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or our services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Site and services, with or without notice, for any reason, including but not limited to violation of these Terms
• Refuse service to any person at any time for any lawful reason
• Remove or modify any content on the Site at any time without notice
• Discontinue any feature, program, or service offered through the Site

Upon termination of your access, your right to use the Site immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

15. Changes to Terms of Service

Starbird Chicken reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our Site at starbird-chicken.rest
• Where required by applicable law, provide additional notice through email or prominent Site notification

Your continued use of the Site or our services after any changes are posted constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue using the Site and our services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms, and such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree that the court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent possible, and the remaining provisions shall be construed to give maximum effect to their original intent.

17. Waiver

No failure or delay by Starbird Chicken in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall not be binding unless it is in writing and signed by an authorized representative of Starbird Chicken.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by us on the Site, constitute the entire agreement between you and Starbird Chicken with respect to your use of the Site and our services, and supersede all prior or contemporaneous communications, agreements, representations, and understandings, whether oral or written, between you and Starbird Chicken relating to the subject matter hereof.

In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall govern unless such other agreement expressly supersedes these Terms in writing.

19. Force Majeure

Starbird Chicken shall not be liable for any delay or failure to perform its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, supply chain disruptions, power outages, strikes, labor disputes, cyberattacks, or other force majeure events. In the event of such circumstances, we will make reasonable efforts to notify you and resume normal operations as soon as practicable.

20. Accessibility

Starbird Chicken is committed to making our website accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and applicable state accessibility laws. If you experience any difficulty accessing our Site or if you require accommodations to use our services, please contact us at [email protected], and we will make reasonable efforts to assist you.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below: